The workshop on Alternative Dispute Resolution/Mediation, held in Karachi, on August 29, under the auspices of the International Finance Corporation, must have provided quite some food for thought to the participants on the advisability of its adoption in Pakistan, that is, in the light of highly satisfying results obtained by a number of other countries, encumbered by problems similar to ours in speedy settlement of disputes.
Quite significant in this regard, were the observations made by the Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry in his address on the occasion.
He said that the Alternative Dispute Resolution (ADR) is successful not only in reducing the backlog in the judicial administration and eliminating delays in dispensation of justice, but also in facilitating more consensual agreements amongst the litigant parties. For, as he convincingly pointed out, the use of ADR methods in commercial transactions and trade-related matters is of vital importance to the country.
It is common knowledge that inordinate delays in dispensation of justice as a result of prolonged litigation, can very often retard the ongoing process of economic development, more so in a global environment marked with unprecedented emphasis on speed and smooth functioning of the economic system.
Many and varied are the causes behind the inordinate delays in settlement of disputes, which can, of course, be addressed by adopting international best practices, and improving the law to making it more relevant to the present-day requirements.
Emphasising the need for it, the Chief Justice said efforts are being made by the Law and Justice Commission for reforms in the judicial system and for modernisation of the substantive and procedural laws to help in accelerating the process of litigation. Mention may also be made of his remarks about plans and strategies being worked out by the Supreme Court for expeditious disposal of cases. One way to do so would be the adoption of the ADR methods.
Dwelling upon the role of ADR/mediation in the perspective of Pakistan, the Chief Justice pointed out that the concept is not new to the judicial system of the country, as it already has provisions for conciliation and mediation, making a pointed reference to the recommendations of the Law and Justice Commission leading to promulgation of Small Claims and Minor Offences Courts Ordinance, 2002 to provide for court "controlled ADR."
It will, however, be noted that this ordinance has proved of little avail in addressing the problems arising from other factors at work, including prolonged postponement of hearings. Better results could have been achieved if a comprehensive plan had been implemented together with the promulgation of the ordinance.
The efficacy of the basic concept is proved by the example of the Federal Ombudsman system, as also the tax, banking and provincial ombudsmen. It has, of course, remained confined to complaints of maladministration, but it has helped to redress them in a most befitting manner. Indeed, mediation and other consensual processes are thought to work best in regimes where there are shared values, based on common ethnicity or culture, as we have.